Certificates by Landlord and Tenant Sample Clauses

Certificates by Landlord and Tenant. 30.01 At any time and from time to time upon not less than twenty (20) days' prior written notice by Landlord, Tenant shall execute, acknowledge and deliver to Landlord or any other party specified by Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same, as modified, is in full force and effect and stating the modifications) and the date to which each obligation constituting the Rental has been paid, and stating (a) whether or not to the best knowledge of Tenant (i) there is a continuing default by Landlord in the performance or observance of any covenant, agreement or condition contained in this Lease to be performed or observed by Landlord, or (ii) there shall have occurred any event which, with the giving of notice or passage of time or both, would become such a default and, if so, specifying each such default or occurrence of which Tenant may have knowledge, (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease as modified is in full force and effect and identifying the modifications), or if this Lease is not in full force and effect, the reason such statement would not be accurate; (c) the date upon which Tenant began paying Rent and the dates to which the Rent and other charges have been paid; (d) that there has been no prepayment of Rent other than that provided for in this Lease; (e) that there are no actions, whether voluntary or otherwise, pending against Tenant under the Bankruptcy Code or the bankruptcy laws of any state; and (f) such other matters as may be reasonably required by Landlord or any Fee Mortgagee or prospective successor to Landlord's interest in this Lease. Such statement may be relied upon by any Fee Mortgagee or prospective successor to Landlord's interest in this Lease, provided, however, that Tenant shall have no liability for damages to Landlord, any Fee Mortgagee, or their successors or assigns, arising out of any unintentional inaccuracy or omission of information in or from such statement, but Tenant shall be estopped from taking a position against Landlord, such Fee Mortgagee and their successors and assigns that is inconsistent with the statements made in such statement. 30.02 At any time and from time to time upon not less than twenty (20) days' prior notice by Tenant, Landlord shall execute, acknowledge and deliver to Tenant or any other party specified by ...
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Certificates by Landlord and Tenant. 16.01. Each party hereto agrees at any time and from time to time during the lease Term, within 30 days after written request from the other party, to execute, acknowledge and deliver to the other party a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the Rents have been paid in advance, if any, and stating whether or not to the best knowledge of the signer of such certificate the other party hereto is in default in the performance of any covenant, agreement or condition contained in this Lease, and, if in default, specifying each such default of which the signer may have knowledge.
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Certificates by Landlord and Tenant. Section 31.01. At any time and from time to time upon not less than ten (10) days notice by Landlord, Tenant shall execute, acknowledge and deliver to Landlord or any other party specified by Landlord a statement certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same, as modified, is in full force and effect and stating the modifications) and the date to which each obligation constituting Rental has been paid, and stating whether or not to the best knowledge of Tenant, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease, and, if so, specifying each such default of which Tenant may have knowledge. Section 31.02. At any time and from time to time upon not less than ten (10) days notice by Tenant, Landlord shall execute, acknowledge and deliver to Tenant or any other party specified by Tenant a statement certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same, as modified, is in full force and effect and stating the modifications) and the date to which each obligation constituting Rental has been paid, and stating whether or not to the best knowledge of Landlord, Tenant is in Default in the performance of any covenant, agreement or condition contained in this Lease, and, if so, specifying each such Default of which Landlord may have knowledge. Section 31.03. At the request of Tenant, Landlord shall request a certificate in respect of the Master Lease from Master Landlord, in accordance with Section 20.01
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Certificates by Landlord and Tenant. Tenant shall, within ten (10) days after each and every written request by Landlord, execute, acknowledge and deliver to Landlord or any other Person designated by Landlord a statement in writing certifying as to such matters regarding this Lease as Landlord may reasonably request and certifying that the statement shall be binding upon Tenant and may be relied upon by any then existing or prospective Secured Lender, assignee or purchaser of all or a portion of Landlord's interest in the Premises or this Lease or of an ownership interest in the Landlord. Tenant agrees that the certificate attached hereto as EXHIBIT K shall be deemed reasonable.
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Certificates by Landlord and Tenant. SECTION 32.1. Tenant shall, within ten (10) days after each and every written request by Landlord, execute, acknowledge and deliver to Landlord or any other Person designated by Landlord a statement in writing certifying as to such matters regarding this Lease as Landlord may reasonably request and certifying that the statement shall be binding upon Tenant and may be relied upon by any then existing or prospective Secured Lender, assignee or purchaser of all or a portion of Landlord's interest in the Premises or this Lease or of an ownership interest in the Landlord. Tenant agrees that the certificate attached hereto as EXHIBIT K shall be deemed reasonable. SECTION 32.2. Landlord agrees at any time and from time to time upon not less than ten (10) days' prior written notice by Tenant, to execute, acknowledge and deliver to Tenant or any other Person designated by Tenant a statement in writing certifying as to such matters regarding this Lease as Tenant may reasonably request. Such statement shall be binding upon Landlord and may be relied upon by any then-existing or prospective permitted Subtenant, assignee or purchaser of all or a portion of Tenant's interest in this Lease or an ownership interest in Tenant.
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Certificates by Landlord and Tenant. Either party shall, upon not less than ten (10) days prior written notice from the other, furnish to the requesting party a written statement certifying that (i) this Lease is unmodified and in full force and effect (or, if there have been modifications that the same is in full force and effect as modified, and stating the modifications), (ii) this Lease, as modified, constitutes the entire agreement between the parties with respect to the Premises, or, if it does not, then stating the additional agreements (oral or written) that are a part of this Lease, (iii) the dates to which the Rent and other charges have been paid, (iv) the commencement and expiration dates of this Lease and what renewal options have been exercised, (v) to the best knowledge of the signer of such certificate, the other party is not in default in performance of any covenant, agreement, or condition in this Lease or stating in what respect such other party is in default, (vi) such party has no claims against the other party or stating the nature and amount of such claims and (vii) that such party has no defenses to the enforcement of this Lease, or identifying such defenses. Any such statement may be relied upon by any prospective purchaser of Landlord’s interest, any mortgagee thereof, any assignee of any mortgage upon the Premises, any prospective assignee or sublessee of Tenant’s interest in this Lease or any mortgagee thereof, or any assignee of any mortgagee upon the leasehold estate hereby created.
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Certificates by Landlord and Tenant. 49 Section 30.1 Tenant ................................................49 Section 30.2 Landlord ..............................................49 ARTICLE 31
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Certificates by Landlord and Tenant 
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Related to Certificates by Landlord and Tenant

  • ACCESS BY LANDLORD Under the terms of this Lease, access to the Property by Landlord may be undertaken as follows: A. The Tenant shall not unreasonably withhold consent to the Landlord to enter the dwelling unit from time to time in order to inspect the Property; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. B. Landlord may enter the dwelling unit at any time for the protection or preservation of the Property. Landlord may enter the dwelling unit upon reasonable notice to the Tenant and at a reasonable time for the purpose of repair of the Property. 'Reasonable notice' for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. Landlord may enter the dwelling unit when necessary for the further purposes set forth above under any of the following circumstances: a. With the consent of the Tenant b. In case of emergency c. When the Tenant unreasonably withholds consent d. If the Tenant is absent from the Property for a period of time equal to one-half the time for periodic rental payments. If the Rent is current and the Tenant notifies Landlord of an intended absence, then the Landlord may enter only with the consent of the Tenant or for the protection or preservation of the Property. C. The Landlord shall not abuse the right of access nor use it to harass the Tenant.

  • Repairs by Landlord Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building in a good state of repair, and shall accomplish such repairs as may be needed within fifteen (15) days after receipt of written notice from Tenant (except in emergencies or cases of urgent necessity (when such repairs shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct business in or gain access to the Premises. Nothing herein shall diminish Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a part, or in or to fixtures, appurtenances and equipment therein. In no event shall Landlord be liable to Tenant for any damage to the Leased Premises or for any loss, damage or injury to any property therein or thereon resulting from acts by other third parties or occasioned by fire; explosion; falling plaster; the breaking, bursting, stoppage or leaking of water, gas, sewer, electrical cables, wires or steam pipes; or from water, rain, or other substances leaking or coming from the roof, street, subsurface or from any other place or from dampness or from any similar risks or causes. Landlord shall not be liable for any loss or damage to any person or property sustained by Tenant or any other persons, which may be caused by theft, or by any act or neglect of any tenant or occupant of the Project, or of any other third parties.

  • Sale of Premises by Landlord In the event of any sale of the Building, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease.

  • ENTRY BY LANDLORD Landlord shall at any and all times have the right to enter the Demised Premises to inspect the same, to show the Demised Premises to prospective purchasers, lenders or tenants and to post notices of non-responsibility. Landlord shall also have the right to conduct such maintenance and repair of or to the Demised Premises (or the Building) as Landlord may deem necessary, without abatement of Rent, and for that purpose may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Demised Premises shall not be unreasonably blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Landlord shall use its reasonable efforts to provide advance notice of any such entry to Tenant and shall attempt to minimize interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, loss of occupancy or quiet enjoyment of the Demised Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Demised Premises, excluding Tenant’s vaults, safes and files. Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Demised Premises without liability to Tenant except for any failure to exercise due care for Tenant’s property. Any entry to the Demised Premises obtained by Landlord by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Demised Premises, or an eviction of Tenant from the Demised Premises or any portion thereof.

  • Conveyance by Landlord If Landlord or any successor owner of all or any portion of the Leased Property shall convey all or any portion of the Leased Property in accordance with the terms hereof other than as security for a debt, and the grantee or transferee of such of the Leased Property shall expressly assume all obligations of Landlord hereunder arising or accruing from and after the date of such conveyance or transfer, Landlord or such successor owner, as the case may be, shall thereupon be released from all future liabilities and obligations of Landlord under this Agreement with respect to such of the Leased Property arising or accruing from and after the date of such conveyance or other transfer and all such future liabilities and obligations shall thereupon be binding upon the new owner.

  • Services by Landlord As long as Tenant is not in default hereunder, Landlord agrees to furnish those services and utilities to the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.

  • SALE BY LANDLORD In event of a sale or conveyance by Landlord of the Building, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions, expressed or implied, contained in this Lease in favor of Tenant, and in such event Tenant agrees to look solely to the responsibility of the successor in interest of Landlord in and to this Lease. Except as set forth in this Article 24, this Lease shall not be affected by any such sale and Tenant agrees to attorn to the purchaser or assignee. If any security has been given by Tenant to secure the faithful performance of any of the covenants of this Lease, Landlord may transfer or deliver said security, as such, to Landlord’s successor in interest and thereupon Landlord shall be discharged from any further liability with regard to said security.

  • Maintenance by Landlord Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.

  • RE-ENTRY BY LANDLORD If Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.

  • RIGHTS RESERVED BY LANDLORD (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; (2) To install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.

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